The Canadian Charter of Rights and Freedoms came to be in April of 1982. Its purpose is to protect the people’s rights and freedoms by limiting the government’s authority over which laws to pass. The laws that are passed must be in harmony with the Charter. Its different sections are left up to the courts to interpret it as they deem fit to individual cases.
According to the Charter, everyone is to be “treated equally regardless of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability”. Some of the sections of the Charter of Rights and Freedoms are about our equality rights, mobility rights, and legal rights. Section 11 of the Charter, which falls under our “Legal Rights”, lists the rights and the …show more content…
v. Godin, justice to the defendant was delayed 30 months. Godin “was charged with sexual assault, unlawful confinement, and threatening bodily harm to his ex-girlfriend” in May of 2005. Four months later, a trial date was set for February of the following year. A few days before the trial date in February 2006, “forensic evidence revealed that the sperm swab DNA obtained from the victim did not match Godin’s DNA”. This new evidence caused a number of delays to follow. The Crown did not respond to a letter for the defence in which the Crown was asked on which days he would be available. In the end, trial was set for November of 2007. Much of the delay was on the Crown’s side, for which no explanation was given. After applying for a stay of proceedings in 2007, Godin’s trial was heard at the beginning of 2009. Supreme Court Chief Justice McLachlin comments on R. v. Godin, saying:
When trials are delayed, justice may be denied. Witnesses forget, witnesses disappear. The quality of evidence may deteriorate. Accused persons may find their liberty and security limited much longer than necessary or justifiable. Such delays are of consequence not only to the accused, but may affect the public interest in the prompt and fair administration of …show more content…
If charged with sexual assault of a minor, the media may be involved and the defendant may lose their career, family, and friends. This impedes the defendant form living a “normal” life. Section 11 seeks to protect one’s individual rights: (1) the right to security of the person, (2) the right to liberty, and (3) the right to a fair trial.
In R. v. Collins, the courts dealt with a delay caused by the Crown. There was a two-year delay, where the Crown had delayed disclosing its case to the defence. The accused had asked for an earlier trial date, but had spent almost two years in custody awaiting trial.
In addition, as seen in R. v. Kporwodu, two individuals, Anthony Kporwodu and Angela Veno were accused of killing their three-month-old daughter, and were charged with first-degree murder.
The two had another child, a son, who was also taken into custody and placed in foster case. The defendants suffered from high levels of stress and depression because of
According to the Charter, everyone is to be “treated equally regardless of race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability”. Some of the sections of the Charter of Rights and Freedoms are about our equality rights, mobility rights, and legal rights. Section 11 of the Charter, which falls under our “Legal Rights”, lists the rights and the …show more content…
v. Godin, justice to the defendant was delayed 30 months. Godin “was charged with sexual assault, unlawful confinement, and threatening bodily harm to his ex-girlfriend” in May of 2005. Four months later, a trial date was set for February of the following year. A few days before the trial date in February 2006, “forensic evidence revealed that the sperm swab DNA obtained from the victim did not match Godin’s DNA”. This new evidence caused a number of delays to follow. The Crown did not respond to a letter for the defence in which the Crown was asked on which days he would be available. In the end, trial was set for November of 2007. Much of the delay was on the Crown’s side, for which no explanation was given. After applying for a stay of proceedings in 2007, Godin’s trial was heard at the beginning of 2009. Supreme Court Chief Justice McLachlin comments on R. v. Godin, saying:
When trials are delayed, justice may be denied. Witnesses forget, witnesses disappear. The quality of evidence may deteriorate. Accused persons may find their liberty and security limited much longer than necessary or justifiable. Such delays are of consequence not only to the accused, but may affect the public interest in the prompt and fair administration of …show more content…
If charged with sexual assault of a minor, the media may be involved and the defendant may lose their career, family, and friends. This impedes the defendant form living a “normal” life. Section 11 seeks to protect one’s individual rights: (1) the right to security of the person, (2) the right to liberty, and (3) the right to a fair trial.
In R. v. Collins, the courts dealt with a delay caused by the Crown. There was a two-year delay, where the Crown had delayed disclosing its case to the defence. The accused had asked for an earlier trial date, but had spent almost two years in custody awaiting trial.
In addition, as seen in R. v. Kporwodu, two individuals, Anthony Kporwodu and Angela Veno were accused of killing their three-month-old daughter, and were charged with first-degree murder.
The two had another child, a son, who was also taken into custody and placed in foster case. The defendants suffered from high levels of stress and depression because of